Peculiarities of law-making practice in the field of further settlement of alternative methods of resolving public disputes and conflicts

Abstract

The article recognizes the diverse (multidirectional) character of the law-making process, taking into account the very features (nature) of legal regulation and proceduralization of alternative ways of resolving legal disputes and conflicts, which is characterized by complexity and multi-levels.
 The directions of the formation of legal norms aimed at the settlement of alternative ways of resolving disputes and conflicts are highlighted. In particular, it is noted that the legal regulation of alternative methods of resolving legal disputes and conflicts is carried out through the recognition, establishment and sanctioning of legal norms aimed at regulating such activities. The recognition of the above-mentioned legal norms occurs by the state with the help of the activity of the law-making body through the recognition of natural rights in this area, because such natural rights and freedoms as the right to a court, freedom of contract, the right to protect one's rights are the basis for the formation of alternative ways of resolving legal disputes and conflicts and freedoms by all non-prohibited means. In the mechanism of legal regulation of alternative methods of resolving disputes and conflicts, the second and main direction is the activity of the state to establish relevant legal norms, because the state, developing drafts of relevant laws, on the one hand recognizes the natural rights to a court, to defense, to freedom of contract and takes into account the existing positive social practices developed in this area, as well as based on objective needs and own interests and the interests of society, establishes new rules aimed specifically at the interests of society. Sanctioning practice is the third direction in the mechanism of legal registration of alternative methods of resolving disputes and conflicts.
 It was determined that in this case the nature of such activities and the level of their legal regulation and proceduralization are primary. At the same time, these two aspects are significantly interconnected and influence each other. On the one hand, alternative resolution of disputes and conflicts involves the use of special methods, forms, involvement of special subjects, which indicates their separation from traditional areas of procedural activity. On the other hand, recent trends point to their spread and popularization, which inevitably raises the question of their relationship with procedural activity and, in fact, of their proceduralization, which is aimed at their legalization.